I JUDICIAL REVIEW

Scope and interpretation

(a) a ‘claim for judicial review’ means a claim to review the lawfulness of –

(i) an enactment; or

(ii) a decision, action or failure to act in relation to the exercise of a public function.

(b) revoked

(c) revoked

(d) revoked

(e) ‘the judicial review procedure’ means the Part 8 procedure as modified by this Section;

(f) ‘interested party’ means any person (other than the claimant and defendant) who is directly affected by the claim; and

(g) ‘court’ means the High Court, unless otherwise stated.

(Rule 8.1(6)(b) provides that a rule or practice direction may, in relation to a specified type of proceedings, disapply or modify any of the rules set out in Part 8 as they apply to those proceedings)

Who may exercise the powers of the High Court

(1) A court officer assigned to the Administrative Court office who is –

(a) a barrister; or

(b) a solicitor,

may exercise the jurisdiction of the High Court with regard to the matters set out in paragraph (2) with the consent of the President of the Queen's Bench Division.

(2) The matters referred to in paragraph (1) are –

(a) any matter incidental to any proceedings in the High Court;

(b) any other matter where there is no substantial dispute between the parties; and

(c) the dismissal of an appeal or application where a party has failed to comply with any order, rule or practice direction.

(3) A court officer may not decide an application for –

(a) permission to bring judicial review proceedings;

(b) an injunction;

(c) a stay of any proceedings, other than a temporary stay of any order or decision of the lower court over a period when the High Court is not sitting or cannot conveniently be convened, unless the parties seek a stay by consent.

(4) Decisions of a court officer may be made without a hearing.

(5) A party may request any decision of a court officer to be reviewed by a judge of the High Court.

(6) At the request of a party, a hearing will be held to reconsider a decision of a court officer, made without a hearing.

(7) A request under paragraph (5) or (6) must be filed within 7 days after the party is served with notice of the decision.

Permission required

Time limit for filing claim form

54.5

(A1) In this rule —

'the planning acts' has the same meaning as in section 336 of the Town and Country Planning Act 19902;

'decision governed by the Public Contracts Regulations 2015' means any decision the legality of which is or may be affected by a duty owed to an economic operator by virtue of regulations 89 or 90 of those Regulations (and for this purpose it does not matter that the claimant is not an economic operator); and

'economic operator' has the same meaning as in regulation 2(1) of the Public Contracts Regulations 2015.

(1) The claim form must be filed –

(a) promptly; and

(b) in any event not later than 3 months after the grounds to make the claim first arose.

(2) The time limits in this rule may not be extended by agreement between the parties.

(3) This rule does not apply when any other enactment specifies a shorter time limit for making the claim for judicial review.

(4) Paragraph (1) does not apply in the cases specified in paragraphs (5) and (6).

(5) Where the application for judicial review relates to a decision made by the Secretary of State or local planning authority under the planning acts, the claim form must be filed not later than six weeks after the grounds to make the claim first arose.

(6) Where the application for judicial review relates to a decision governed by the Public Contracts Regulations 2015, the claim form must be filed within the time within which an economic operator would have been required by regulation 92(2) of those Regulations (and disregarding the rest of that regulation) to start any proceedings under those Regulations in respect of that decision.

Judicial review of decisions of the Upper Tribunal

54.7A

(1) This rule applies where an application is made, following refusal by the Upper Tribunal of permission to appeal against a decision of the First Tier Tribunal, for judicial review –

(a) of the decision of the Upper Tribunal refusing permission to appeal; or

(b) which relates to the decision of the First Tier Tribunal which was the subject of the application for permission to appeal.

(2) Where this rule applies –

(a) the application may not include any other claim, whether against the Upper Tribunal or not; and

(b) any such other claim must be the subject of a separate application.

(3) The claim form and the supporting documents required by paragraph (4) must be filed no later than 16 days after the date on which notice of the Upper Tribunal's decision was sent to the applicant.

(4) The supporting documents are –

(a) the decision of the Upper Tribunal to which the application relates, and any document giving reasons for the decision;

(b) the grounds of appeal to the Upper Tribunal and any documents which were sent with them;

(c) the decision of the First Tier Tribunal, the application to that Tribunal for permission to appeal and its reasons for refusing permission; and

(d) any other documents essential to the claim.

(5) The claim form and supporting documents must be served on the Upper Tribunal and any other interested party no later than 7 days after the date of issue.

(6) The Upper Tribunal and any person served with the claim form who wishes to take part in the proceedings for judicial review must, no later than 21 days after service of the claim form, file and serve on the applicant and any other party an acknowledgment of service in the relevant practice form.

(7) The court will give permission to proceed only if it considers –

(a) that there is an arguable case, which has a reasonable prospect of success, that both the decision of the Upper Tribunal refusing permission to appeal and the decision of the First Tier Tribunal against which permission to appeal was sought are wrong in law; and

(b) that either –

(i) the claim raises an important point of principle or practice; or

(ii) there is some other compelling reason to hear it.

(8) If the application for permission is refused on paper without an oral hearing, rule 54.12(3) (request for reconsideration at a hearing) does not apply.

(9) If permission to apply for judicial review is granted –

(a) if the Upper Tribunal or any interested party wishes there to be a hearing of the substantive application, it must make its request for such a hearing no later than 14 days after service of the order granting permission; and

(b) if no request for a hearing is made within that period, the court will make a final order quashing the refusal of permission without a further hearing.

(10) The power to make a final order under paragraph (9)(b) may be exercised by the Master of the Crown Office or a Master of the Administrative Court.

Acknowledgment of service

54.8

(1) Any person served with the claim form who wishes to take part in the judicial review must file an acknowledgment of service in the relevant practice form in accordance with the following provisions of this rule.

(2) Any acknowledgment of service must be –

(a) filed not more than 21 days after service of the claim form; and

(b) served on –

(i) the claimant; and

(ii) subject to any direction under rule 54.7(b), any other person named in the claim form,

as soon as practicable and, in any event, not later than 7 days after it is filed.

(3) The time limits under this rule may not be extended by agreement between the parties.

(4) The acknowledgment of service –

(a) must –

(i) where the person filing it intends to contest the claim, set out a summary of his grounds for doing so; and

(ia) where the person filing it intends to contest the application for permission on the basis that it is highly likely that the outcome for the claimant would not have been substantially different if the conduct complained of had not occurred, set out a summary of the grounds for doing so; and

(ii) state the name and address of any person the person filing it considers to be an interested party; and

(b) may include or be accompanied by an application for directions.

(5) Rule 10.3(2) does not apply.

(Section 31(3C) of the Senior Courts Act 1981(1) requires the court, where it is asked to do so by the defendant, to consider whether the outcome for the claimant would have been substantially different if the conduct complained of had not occurred.)

Permission decision without a hearing

(2) The court will serve its reasons for making the decision when it serves the order giving or refusing permission in accordance with rule 54.11.

(3) Subject to paragraph (7), the claimant may not appeal but may request the decision to be reconsidered at a hearing.

(4) A request under paragraph (3) must be filed within 7 days after service of the reasons under paragraph (2).

(5) The claimant, defendant and any other person who has filed an acknowledgment of service will be given at least 2 days’ notice of the hearing date.

(6) The court may give directions requiring the proceedings to be heard by a Divisional Court.

(7) Where the court refuses permission to proceed and records the fact that the application is totally without merit in accordance with rule 23.12, the claimant may not request that decision to be reconsidered at a hearing.

Specialist list

(2) A judge nominated by the President of the Queen’s Bench Division will be in charge of the Planning Court specialist list and will be known as the Planning Liaison Judge.

(3) The President of the Queen’s Bench Division will be responsible for the nomination of specialist planning judges to deal with Planning Court claims which are significant within the meaning of Practice Direction 54E, and of other judges to deal with other Planning Court claims.